S N DUBE Vs. N B BHOIR

JUDGEMENT

(1.) One Suresh Dube was shot dead on a platform of Nalasopara (a suburb of Bombay) Railway Station in broad day light. Many persons saw it and many knew who were the murderers. Because of the terror of the gangs involved none except two persons, one accompanying the deceased and the other who was at that time polishing shoes of that person, have come forward to give evidence against the murderers. One Mukesh Ratilal Shah (P.W. 13), who was injured by one of the bullets fired at that time, has thought it fit not to name the person who had fired the shot. Initial dishonest investigation by the police, on account of close nexus between those gangs and some of the police officers of the area where the said gangs were operating, not only delayed the prosecution of the real culprits but also weakened it considerably. On these allegations 17 persons (thirteen belonging to the two gangs and four police officers) were tried in the Court of the Judge, Designated Court, Pune in Terrorist Sessions Case No. 32 of 1993 and Terrorist Sessions case No. 1 of 1996 (amalgamated with original TSC No. 32/1993), for the murder of Suresh and for commission of terrorist acts and other offences. The trial Court did not consider it safe to convict them on the basis of the prosecution evidence and, therefore, acquitted them of all the charges. Shyam Sunder Dube, brother of Suresh Dube,, feeling aggrieved by the acquittal has filed Criminal Appeal No. 678 of 1997. The State of Maharashtra has also filed Criminal Appeal Nos. 709-710 of 1997.

(2.) The prosecution case is as follows:

(3.) PI Desai (P.W. 90), who took over the investigation after superannuation of Deshmukh on 30-6-1993, submitted a charge-sheet to the Designated Court on 27-8-1993 against A-1 to A-11 and deceased accused Narayan Gauda. Thereafter, supplementary charge-sheets were filed against A-12 to A-17 on different dates. The Designated Court, however, took cognizance against A-1 to A13 only as no sanction to prosecute A-14 to A-17 was obtained under the TADA Act. Their case was, therefore, forwarded to the Sessions Court at Thane. Lateron sanction was obtained to prosecute those police officers also under the TADA Act and their case was amalgamated with the original T.S.C. No. 32/1993 and the charge was suitably amended.